Dear friends,
The Asian Human Rights Commission (AHRC) has received information that the police in Pegu Region, central Burma (Myanmar) tortured and arrested two villagers without any warrant. According to the information, the two men were detained for 17 days illegally in Nattalin Township. After that the township court imposed a restriction order of six months, even though the judge knew the police tortured them. The brother of one of the two men opened a case against the police for causing hurt but the court closed the case. Later the police force transferred the officers involved to other police stations. No more action was taken against them. A lawyer is appealing against the decision not to prosecute in the Supreme Court.
CASE NARRATIVE:
On 7 January 2013, four police from Taung Nyo Police Station together with Police Sergeant Kyi Soe Tun and U Win Soe, head, General Administration Department, Pyin Bon Village, Nattalin Township assaulted, handcuffed and arrested Myint Lwin and Ohn Lay in Myint Lwin’s house around 7pm without any warrant on a complaint. According to Myint Lwin’s brother, Kyaw Lwin, when he asked the police not to assault his brother the administration head threatened to arrest him also.
The police say that they had to take the two men violently because they resisted arrest and they said Myint Lwin threatened them with a knife.They detained them for 17 days illegally and after that the Nattalin Township court imposed a movement restriction order of six months on the two villagers.
Kyaw Lwin sued Police Sergeant Kyi Soe Tun along with 4-5 other police personnel and U Win Soe for causing hurt to his brother. Nattalin Township Court opened a case and started to examine it. After that the judge made a decision to hear the case under Penal Code sections 323/114.But, the commander of Nattalin Township Police sent a letter to the court that as the accused are police officers they should have action taken against them under the Police Maintenance of Discipline Law. Therefore, Nattalin Court decided not to continue to examine and closed the case on 28 March 2013.
The plaintiff was not satisfied with the decision of Nattalin Township Court because the Police Maintenance of Discipline Law is not a criminal law.He tried to make appeals to higher courts but so far he was not successful. Currently, the case is in the Supreme Court.
Also, although the police cannot be prosecuted without permission from higher authority, no special permission is required to prosecute a village administration official. Therefore, the judge was wrong to close the case.
Further details are provided in the sample letter below, as usual.
BACKGROUND INFORMATION:
In Burma, torture is widespread in police stations, where it most commonly takes the form of beatings and other blunt methods intended to cause pain and obtain a confession. In normal criminal cases like murder, rape and robbery, police have to take immediate action and give a report to the higher authorities promptly, so they usually look for an easy target and use torture to get a confession or otherwise make the detainee do what they want.
In the previous urgent appeals the AHRC has express its concern over police and military intelligence torture, sometimes resulting in death, such as in the cases of U Nyunt Tun, U Than Tun, AungHlaing Win, MyoMyintSwe, and Nan WohPhan. In most cases also the court ignores the evidence of torture, to convict the accused.
Torture is not a criminal offence in Burma and police are rarely held to account for the abuses committed on detainees in their custody. A member of parliament in March 2013 made a statement on the need for a law against torture and for Burma to join the UN Convention against Torture, but up to the current time no action has been taken.
For many more cases and issues concerning human rights in Burma, visit the AHRC’s country homepage: http://www.humanrights.asia/countries/burma
SUGGESTED ACTION:
Please write a letter to the following government authorities to urge that all those responsible for the torture of Myint Lwin and Ohn Lay be investigated and prosecuted, and for compensation to be paid to the two men for torture and unlawful decision of the court.
Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar, and Pegu, Bago.
Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar; on torture, on independence of judges and lawyers; the Working Group on arbitrary detention; and, the regional office in Bangkok, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Police assaulted and illegally detained two villagers without any warrant and Nattalin Township court made a wrong decision
Names of victims:
1.Myint Lwin,
2. Ohn Lay
Both residents of Pyin Bon village, Nattalin township, Bago Region, Myanmar
Names of persons involved:
1.Police Sergeant Kyi Soe Tun, Serial No. La/181198, Pyin Bon police post, under Taung Nyo Police Station, Nattalin Township,along with 4-5other police personnel, as follows
2.Constable Tin Tun Aung
3. Constable Win Naing Tun
4. Constable Nay Myo Aung
5. Constable Zaw Win Htut
6. U Win Soe, head, General Administration Department, Pyin Bon Village, Nattalin Township
7. U Ye Aung, ten-household head, Pyin Bon Village, Nattalin Township
8. U Tin Win, ten-household head, Pyin Bon Village, Nattalin Township
Date of incident: 7 January 2013 (date of arrest)
Place of incident: Pyin Bon village, Nattalin Township, Tharyarwaddy District, Bago Region, Myanmar
Case details:
1. Criminal Case No. 63/2013, Nattalin Township Court, Penal Code section 323/114, Nattalin Township Court, against the police, case closed 28 March 2013
2. Criminal Appeal Case No. 19/2013, Thayawaddy District Court, appeal dismissed on 10 June 2013
3. Criminal Revision Case No-/2013, Bago Region High Court
4.Writ of Certiorari lodged in Supreme Court
I am unhappy to learn that police from Nattalin township tortured two villagers from Pyin Bon village,Nattalin township and that no proper action has been taken against them until now.
According to the information I have received, on 7 January 2013, four police from Taung Nyo Police Station together with Police Sergeant Kyi Soe Tun and U Win Soe, head, General Administration Department, Pyin Bon Village, Nattalin Township assaulted, handcuffed and arrested Myint Lwin and Ohn Lay in Myint Lwin’s house around 7pm without any warrant on a complaint. According to Myint Lwin’s brother, Kyaw Lwin, when he asked the police not to assault his brother the administration head threatened to arrest him also.
The police say that they had to take the two men violently because they resisted arrest and they said Myint Lwin threatened them with a knife.They detained them for 17 days illegally and after that the Nattalin Township court imposed a movement restriction order of six months on the two villagers.
Kyaw Lwin sued Police Sergeant Kyi Soe Tun along with 4-5 other police personnel and U Win Soe for causing hurt to his brother. Nattalin Township Court opened a case and started to examine it. After that the judge made a decision to hear the case under Penal Code sections 323/114.But, the commander of Nattalin Township Police sent a letter to the court that as the accused are police officers they should have action taken against them under the Police Maintenance of Discipline Law. Therefore, Nattalin Court decided not to continue to examine and closed the case on 28 March 2013. After that the only action taken against the police was to transfer them to another police station.
The plaintiff was not satisfied with the decision of Nattalin Township Court because the Police Maintenance of Discipline Law is not a criminal law. He made an appeal to Thayawaddy District Court but it upheld the decision from the Township Court. He also tried to make an appeal to the Bago Region High Court. And now a lawyer has made a writ application in the Supreme Court.
It is clear to me that the action taken against the police under the Disciplinary Law is inadequate. Although the police committed a crime, they have not been punished for it. Therefore, I urge that a criminal case be opened against the police for assault and unlawful detention.
Furthermore, although under section 197(1) of the Criminal Procedure Code permission is required from the office of the President or other higher authority to prosecute the police, no permission is required to prosecute General Administration Department head. Therefore, the court was wrong to stop the prosecution of him along with the police.
Although the two men who were assaulted have had to stay under a restriction order for six months, the people who tortured them had no criminal legal action taken against them at all.
In closing, I remain very concerned that impunity is still widely enjoyed by state agents who have committed torture in Myanmar despite the government’s recent political reforms. I have learned that groups inside the country have called on its parliamentarians to pass a law to criminalize torture, and that in March 2013 a Member of Parliament also raised the matter in the national legislature. I urge that steps be taken to introduce such a law at the earliest opportunity. Again, any such law needs to be in accordance with international standards. In this regard, a positive commitment to the prohibition of torture as a matter of principle would be for the government of Myanmar to at long last ratify both the UN Convention against Torture and its optional protocols, and the International Covenant on Civil and Political Rights.
I look forward to your positive and effective response in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Lt-Gen. KoKo
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439
2. U TheinSein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
3. U TunTunOo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059
4. Dr. Tun Shin
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
5. U KyawKyawHtun
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208
6. Thura U AungKo
Chairman
PyithuHluttaw Judicial and Legislative Committee
PythuHluttaw Office
Naypyitaw
MYANMAR
7. U AungNyein
Chairman
PyithuHluttaw Judicial and Legislative Committee
Committee for Public Complaints and Appeals
Office of the AmyothaHluttaw
Naypyitaw
MYANMAR
8. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95-1-659 668
Fax: +95-1-659 668
9. DawAung San SuuKyi
Chairwoman
PyithuHluttawRule of Law and Tranquility Committee
Office of the PyithuHluttaw
Naypyitaw
MYANMAR
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
